Reiner
You conveniently missed out the last item in Post-TRIPS expansionism where they talk about the need for a WIPO broadcasting treaty which would come into play for this particular thread. In the absence of that the actual grey line exists. From: Reinier Battenberg [mailto:[email protected]] Sent: Monday, August 09, 2010 8:09 PM To: Linux Users Group Uganda Subject: Re: [LUG] Experiment on Content (Yesterday's radio) Hi Mike, Browsing a bit around on wikipedia reveals that Uganda signed this treaty: http://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellect ual_Property_Rights Which includes: "Specifically, TRIPS contains requirements that nations' laws must meet for: <http://en.wikipedia.org/wiki/Copyright> copyright rights, including the rights of performers, producers of sound recordings and broadcasting organizations; " whoops, there goes your argument about broadcasts. (and yes, uganda is a bit behind signing IP treaties. Here is the list of treaties and countries that signed: http://en.wikipedia.org/wiki/List_of_parties_to_international_copyright_agre ements ) As said, the world is becoming 1 single place very fast. -- rgds, Reinier Battenberg Director Mountbatten Ltd. +256 758 801 749 www.mountbatten.net On Monday 09 August 2010 19:06:09 Mike Barnard wrote: > wow... its getting hot in here.... Tim I think we miss what Badru started > by posting that link. He clearly and has clearly continued to say, " lets > grow this. lets tackle all those grey areas as we grow this". > > I pasted a section of our newest IPR and Copyright laws, which you all seem > to have ignored. There is no copyright that protects a broadcast. In our > current law, taking from what Patrick Okui said, you may go ahead and > rebrand a Sanyu FM broadcast and as per our law (i stand to be corrected) > you are not infringing on any ones rights. > > Granted that all artists have a right to their material and to have it > protected under the law, and this is catered for in the law. I had earlier > said that if Badru was re-broadcasting these earlier broadcasts with the > intention of making money, then the artists whose songs are aired in > Badru's re-broadcast have a right to sue Badru. If you are simply > broadcasting with no intention of earning anything from it, look at the > law, it does not cater for that. > > Tim, you seem bent on this copyright issue and rightfully so, but apply it > according to the laws of Uganda, not a law that we do not have in the land. > The reason there was an amendment to the old 1960's IPR and Copyright law > was to cater for the emerging markets. This is what Badru keeps on > mentioning that we need to grow as YRadio continues to develop. I don't > understand and see why you are opposing that. We need to grow, YRadio, in > this heated debate has brought out areas that need to be ironed out as far > as our laws are concerned. Stifling ideas because of looking at one > countries laws over another will not help us grow. Allow us to experience > this and make the necessary laws to protect our rights. You have learnt, > let us learn. Allow us the privilege of understanding what something is > other than enforcing something someone else has understood from its > inception. > > Badru, charge on. > > On Mon, Aug 9, 2010 at 3:19 PM, Wire James <[email protected]>wrote: > > Tim > > > > Get off your high horse. While many of us may be concerned about the > > rights of copyright holders, the situation not only in Uganda but many > > other African Countries outside South Africa is similar. Many times > > members on this list who are in business can vouch for this, people have > > come up with proposals, ideas, innovations e.t.c and they are 'stolen' > > from them unashamedly and in most instances by corporates that originate > > from the so called purist countries you are trying to talk about. I > > recall a very famous case of one Lugger whose company tussled it out > > with a giant over infringement of copyright on some software. This big > > company thought it would frustrate the guy through the court process but > > luckily enough, he was able to push on till the big elephant sought an > > out of court settlement. However, how many people have been lucky enough > > to achieve such justice here in Uganda? Few, very few. That is why you > > find the laissez faire attitude among the list members because we have > > more pressing problems and needs than pretending that copyright will > > change our lives. Many times we submit proposals for jobs and they are > > 'copy n pasted' by competitors who have insiders in the organisations we > > are approaching. It is a dog eat dog world for now and I will > > unashamedly tell you that as for now, copyright issues are at the bottom > > of our list of problems to think about. I would rather see Badru's > > project go on if its aim has a more positive impact on this nation > > eventually than guarding worthless songs that have nothing to copyright > > about. Many of these musicians would not even earn a dime if copyright > > was to be observed to the letter in this country. I remember 4 years ago > > a musician I helped to get paid US$ 1500 for a 3 hour show all because I > > came across his music on a website that he even didnt know about. Like > > someone said, it is a skewed market. Just understand it the way it is. > > > > Wire > > > > > > > > On Mon, 2010-08-09 at 14:26 +0300, Tim Schofield wrote: > > > > On 09/08/2010, Joseph Abdi <[email protected]> wrote:> Tim,>> It's because > > 90% of the list members have not faced copy-right issues ..> Also, > > since almost 90% of our website materials in Uganda don't use> original > > materials one does not> yet see the need or importance of copy-right > > ...>> And again, remember this is a LUG list (Open-Source) where FREE, > > COPY,> RE-USE> is Legal ...with the OS mentality and mind-set, you can > > hardly have support> or understanding of it here .. No no no no. Open > > source is only about free re-use if you keep withinthe narrow confines > > of the license that the software is issued under,for example the GPL. It > > in no way condones the abuse of copyright.Copyright is at the very heart > > of the GPL. Anyone on this list who isusing a kernel more recent than > > 2.6.13 is using some of my copyrightedcode which I allow them to do > > providing they stick to the letter ofthe license that the code is > > released under (GPL v2.0). Every open source developer, and those who > > benefit from the use ofopen source should be active in the protection of > > the rights ofcopyright holders. I have spoken at LUG meetings around the > > world, andnever before found a group who consider that copyright holders > > rightsshould be abused. You clearly believe the rest of the world will > > throw off itsfluffiness and join Uganda in this. Trust me you will be > > disappointed. > > > > > > > > > > _______________________________________________ > > LUG mailing list > > [email protected] > > http://kym.net/mailman/listinfo/lug > > > > LUG is generously hosted by INFOCOM http://www.infocom.co.ug/ > > > > All Archives can be found at http://www.mail-archive.com/[email protected]/ > > > > The above comments and data are owned by whoever posted them (including > > attachments if any). The List's Host is not responsible for them in any > > way. ---------------------------------------
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